You may request a Harassment Prevention Order (a “258E Order”) from the Court if:
1. You are suffering from harassment because:
• someone has committed 3 or more acts:
that were willful and malicious,
“Malicious” means characterized by cruelty, hostility or revenge.
and were aimed at you,
and were intended to cause you fear, intimidation, abuse or damage to property,
“Abuse” means causing or attempting to cause physical harm, or causing fear of imminent serious physical harm.
and did in fact cause you fear, intimidation, abuse or damage to property;
• or someone has caused you at least once to engage in sexual relations involuntarily
by using force, threat or duress;
• or someone has committed against you at least once an act that violates any of the following statutes:
General Laws chapter 265, §§ 13B, 13F or 13H (indecent assault and battery), 22 or 22A (rape),
23 (statutory rape), 24 or 24B (assault with intent to rape), 26C (enticing a child), 43 (criminal stalking),
43A (criminal harassment), or chapter 272, § 3 (drugging for sexual intercourse);
2. and you currently live within the geographical area of a Court of competent jurisdiction (District Court & BMC, Juvenile Court (if both parties under 17) and Superior Court). Note that the Probate and Family Court does not have jurisdiction to grant an order under 258E.
A judge may issue a Harassment Prevention Order without prior notice to your harasser if there is a substantial likelihood of immediate danger of harassment.
Difference from 209A: Plaintiffs seeking relief under 258E need not be in a familial, household, or substantive dating relationship, as required by 209A.
ABUSE PREVENTION ORDERS
You may request an Abuse Prevention Order (a “209A Order”) from the Court if:
1. You and your abuser are or were:
• or residing together in the same household,
• or in a substantive dating or engagement relationship,
• or related by blood or marriage,
• or you have a child in common;
2. and you are suffering from abuse because your abuser has:
• harmed or attempted to harm you physically,
• or put you in fear of imminent serious physical harm,
• or caused you to engage in sexual relations involuntarily by using force, threat or duress;
3. and you:
• currently live within the geographical area of the Court (District Court & BMC, Probate & Family Court, Superior Court (except for dating relationships),
• or used to live within the geographical area of the Court but you left to avoid abuse.
A judge may issue an Abuse Prevention Order without prior notice to your abuser if there is
a substantial likelihood of immediate danger of abuse.